Full Text of SB2111 95th General Assembly
SB2111sam001 95TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 4/7/2008
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LRB095 14369 WGH 48743 a |
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| AMENDMENT TO SENATE BILL 2111
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| AMENDMENT NO. ______. Amend Senate Bill 2111 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 3-103, 3-105, 3-107, 3-111, and 3-113 as | 6 |
| follows:
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| (735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
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| Sec. 3-103. Commencement of action. Every action to review | 9 |
| a final administrative decision shall be
commenced by the | 10 |
| filing of a complaint and the issuance of summons
within 35 | 11 |
| days from the date that a copy of the decision sought to be
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| reviewed was served upon the party affected by the decision, | 13 |
| except that :
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| (1) in municipalities with a population of 500,000 or | 15 |
| less a complaint
filed within the time limit established by | 16 |
| this Section may be subsequently
amended to add a police |
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| chief or a fire chief in cases brought under the
Illinois | 2 |
| Municipal Code's provisions providing for the discipline | 3 |
| of fire
fighters and police officers . ; and
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| (2) in other actions for review of a final | 5 |
| administrative decision, a
complaint filed within the time | 6 |
| limit established by this Section may be
amended to add an | 7 |
| employee, agent, or member of an administrative
agency, | 8 |
| board, committee, or government entity, who acted in an | 9 |
| official
capacity as a party of record to the | 10 |
| administrative proceeding, if the
administrative agency, | 11 |
| board, committee, or government entity is a party to the
| 12 |
| administrative review action. If the director or agency | 13 |
| head, in his or her
official capacity, is a party to the | 14 |
| administrative review, a complaint filed
within the time | 15 |
| limit established by this Section may be amended
to add the | 16 |
| administrative agency, board, committee, or government | 17 |
| entity.
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| The method of
service of the decision shall be as provided | 19 |
| in the Act governing the
procedure before the administrative | 20 |
| agency, but if no method is
provided, a decision shall be | 21 |
| deemed to have been served either when
a copy of the decision | 22 |
| is personally delivered or when a copy of the decision
is | 23 |
| deposited in the United States mail, in a sealed envelope or | 24 |
| package, with
postage prepaid, addressed to the party affected | 25 |
| by the decision at his or her
last known residence or place of | 26 |
| business.
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| The form of the summons and the issuance of alias summons
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| shall be according to rules of the Supreme Court.
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| This amendatory Act of 1993 applies to all cases involving | 4 |
| discipline of
fire fighters and police officers pending on its | 5 |
| effective date and to all
cases filed on or after its effective | 6 |
| date.
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| The changes to this Section made by this amendatory Act of | 8 |
| the 95th General Assembly apply to all actions filed on or | 9 |
| after the effective date of this amendatory Act of the 95th | 10 |
| General Assembly. | 11 |
| (Source: P.A. 88-1; 88-110; 88-670, eff. 12-2-94; 89-685, eff. | 12 |
| 6-1-97.)
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| (735 ILCS 5/3-105) (from Ch. 110, par. 3-105)
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| Sec. 3-105. Service of summons. Summons issued in any | 15 |
| action to review
the final administrative decision of any | 16 |
| administrative agency shall be
served by registered or | 17 |
| certified mail on the administrative agency and on
each of the | 18 |
| other defendants except in the case of a review of a final
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| administrative decision of the regional board of school | 20 |
| trustees, regional
superintendent of schools, or State | 21 |
| Superintendent of Education, as the
case may be, when a | 22 |
| committee of 10 has been designated as provided in
Section 7-6 | 23 |
| of the School Code, and in such case only the administrative
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| agency involved and each of the committee of 10 shall be | 25 |
| served. The method of service shall be as provided in the Act |
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| governing the procedure before the administrative agency, but | 2 |
| if no method is provided, summons shall be deemed to have been | 3 |
| served either when a copy of the summons is personally | 4 |
| delivered or when a copy of the decision is deposited in the | 5 |
| United States mail, in a sealed envelope or package, with | 6 |
| postage prepaid, addressed to the party affected by the | 7 |
| decision at his or her last known residence or place of | 8 |
| business. The form of the summons and the issuance of alias | 9 |
| summons shall be according to rules of the Supreme Court.
No | 10 |
| action for administrative review shall be dismissed for lack of
| 11 |
| jurisdiction based upon the failure to serve summons on an | 12 |
| employee, agent, or
member of an administrative agency, board, | 13 |
| committee, or government entity,
acting in his or her official | 14 |
| capacity, where the administrative agency, board,
committee, | 15 |
| or government entity has been served as provided in this | 16 |
| Section.
Service on the director or agency head, in his or her | 17 |
| official capacity, shall
be deemed service on the | 18 |
| administrative agency, board, committee, or government
entity. | 19 |
| No action for administrative review shall be dismissed for lack | 20 |
| of
jurisdiction based upon the failure to serve summons on an | 21 |
| administrative
agency, board, committee, or government entity, | 22 |
| acting, where the director or
agency head, in his or her | 23 |
| official capacity, has been served as provided
in this Section.
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| Service on the administrative agency shall be made by the clerk | 25 |
| of the
court by sending a copy of the summons addressed to the | 26 |
| agency at its main
office in the State. The clerk of the court |
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| shall also mail a copy of the
summons to each of the other | 2 |
| defendants, addressed to the last known place
of residence or | 3 |
| principal place of business of each such defendant. The
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| plaintiff shall, by affidavit filed with the complaint, | 5 |
| designate the last
known address of each defendant upon whom | 6 |
| service shall be made. The
certificate of the clerk of the | 7 |
| court that he or she has served such
summons in pursuance of | 8 |
| this Section shall be evidence that he or she
has done so.
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| The changes to this Section made by this amendatory Act of | 10 |
| the 95th General Assembly apply to all actions filed on or | 11 |
| after the effective date of this amendatory Act of the 95th | 12 |
| General Assembly. | 13 |
| (Source: P.A. 88-1; 89-685, eff. 6-1-97.)
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| (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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| Sec. 3-107. Defendants.
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| (a) Except as provided in subsection (b) or (c), in any | 17 |
| action to review any final
decision of an administrative | 18 |
| agency, the administrative agency and all
persons, other than | 19 |
| the plaintiff, who were parties of record to the
proceedings | 20 |
| before the
administrative agency shall be made defendants. The | 21 |
| method of service of the decision shall be as provided in the | 22 |
| Act governing the procedure before the administrative agency, | 23 |
| but if no method is provided, a decision shall be deemed to | 24 |
| have been served either when a copy of the decision is | 25 |
| personally delivered or when a copy of the decision is |
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| deposited in the United States mail, in a sealed envelope or | 2 |
| package, with postage prepaid, addressed to the party affected | 3 |
| by the decision at his or her last known residence or place of | 4 |
| business. The form of the summons and the issuance of alias | 5 |
| summons shall be according to rules of the Supreme Court.
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| No action for administrative review shall be dismissed for | 7 |
| lack of
jurisdiction based upon the failure to name an | 8 |
| employee, agent, or member, who
acted in his or her official | 9 |
| capacity, of an administrative agency, board,
committee, or | 10 |
| government entity, where the administrative agency, board,
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| committee, or government entity, has been named as a defendant | 12 |
| as provided in
this Section. Naming the director or agency | 13 |
| head, in his or her official
capacity, shall be deemed to | 14 |
| include as defendant the administrative agency,
board, | 15 |
| committee, or government entity that the named defendants | 16 |
| direct or
head. No action for administrative review shall be | 17 |
| dismissed for lack of
jurisdiction based upon the failure to | 18 |
| name an administrative agency, board,
committee, or government | 19 |
| entity, where the director or agency head, in his or
her | 20 |
| official capacity, has been named as a defendant as provided in | 21 |
| this
Section.
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| If, during the course of a review action, the court | 23 |
| determines that an agency or a party
of record to the | 24 |
| administrative proceedings was not made a defendant as
required | 25 |
| by the preceding paragraph, and only if that party was not | 26 |
| named by
the administrative agency in its final order as a |
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| party of record, then the
court shall grant the plaintiff 35 21 | 2 |
| days from the date of the determination in
which to name and | 3 |
| serve the unnamed agency or party as a defendant. The court | 4 |
| shall
permit the newly served defendant to participate in the | 5 |
| proceedings to the
extent the interests of justice may require.
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| (b) With respect to actions to review decisions of a zoning | 7 |
| board of
appeals in a municipality with a population of 500,000 | 8 |
| or more inhabitants
under Division 13 of Article 11 of the | 9 |
| Illinois Municipal Code, "parties of
record" means only the | 10 |
| zoning board of appeals and applicants before the
zoning board | 11 |
| of appeals. The plaintiff shall send a notice of filing of
the | 12 |
| action by certified mail to each other person who appeared | 13 |
| before and
submitted oral testimony or written statements to | 14 |
| the zoning board of
appeals with respect to the decision | 15 |
| appealed from. The notice shall be
mailed within 2 days of the | 16 |
| filing of the action. The notice shall state
the caption of the | 17 |
| action, the court in which the action is filed, and the
names | 18 |
| of the plaintiff in the action and the applicant to the zoning | 19 |
| board
of appeals. The notice shall inform the person of his or | 20 |
| her right to
intervene. Each person who appeared before and | 21 |
| submitted oral testimony
or written statements to the zoning | 22 |
| board of appeals with respect to the
decision appealed from | 23 |
| shall have a right to intervene as a defendant in
the action | 24 |
| upon application made to the court within 30 days of the | 25 |
| mailing
of the notice.
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| (c) With respect to actions to review decisions of a |
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| hearing officer or a county zoning board of appeals under | 2 |
| Division 5-12 of Article 5 of the Counties Code, "parties of | 3 |
| record" means only the hearing officer or the zoning board of | 4 |
| appeals and applicants before the hearing officer or the zoning | 5 |
| board of appeals. The plaintiff shall send a notice of filing | 6 |
| of the action by certified mail to each other person who | 7 |
| appeared before and submitted oral testimony or written | 8 |
| statements to the hearing officer or the zoning board of | 9 |
| appeals with respect to the decision appealed from. The notice | 10 |
| shall be mailed within 2 days of the filing of the action. The | 11 |
| notice shall state the caption of the action, the court in | 12 |
| which the action is filed, and the name of the plaintiff in the | 13 |
| action and the applicant to the hearing officer or the zoning | 14 |
| board of appeals. The notice shall inform the person of his or | 15 |
| her right to intervene. Each person who appeared before and | 16 |
| submitted oral testimony or written statements to the hearing | 17 |
| officer or the zoning board of appeals with respect to the | 18 |
| decision appealed from shall have a right to intervene as a | 19 |
| defendant in the action upon application made to the court | 20 |
| within 30 days of the mailing of the notice. This subsection | 21 |
| (c) applies to zoning proceedings commenced on or after the | 22 |
| effective date of this amendatory Act of the 95th General | 23 |
| Assembly.
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| (d) The changes to this Section made by this amendatory Act | 25 |
| of the 95th General Assembly apply to all actions filed on or | 26 |
| after the effective date of this amendatory Act of the 95th |
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| General Assembly. | 2 |
| (Source: P.A. 95-321, eff. 8-21-07.)
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| (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
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| Sec. 3-111. Powers of circuit court.
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| (a) The Circuit Court has power:
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| (1) with or without requiring bond (except if otherwise | 7 |
| provided in
the particular statute under authority of which | 8 |
| the administrative
decision was entered), and before or | 9 |
| after answer filed, upon notice to
the agency and good | 10 |
| cause shown, to stay the decision of the
administrative | 11 |
| agency in whole or in part pending the final disposition
of | 12 |
| the case. For the purpose of this subsection, "good cause" | 13 |
| requires the
applicant to show (i) that an immediate stay | 14 |
| is required in order to preserve
the status quo without | 15 |
| endangering the public, (ii) that it is not contrary to
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| public policy, and (iii) that there exists a reasonable | 17 |
| likelihood of success
on the merits;
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| (2) to make any order that it deems proper for the | 19 |
| amendment,
completion or filing of the record of | 20 |
| proceedings of the administrative
agency;
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| (3) to allow substitution of parties by reason of | 22 |
| marriage, death,
bankruptcy, assignment or other cause;
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| (4) to dismiss parties , to correct misnomers, or to | 24 |
| realign parties , or to join agencies or parties plaintiffs | 25 |
| and
defendants ;
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| (5) to affirm or reverse the decision in whole or in | 2 |
| part;
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| (6) where a hearing has been held by the agency, to | 4 |
| reverse and
remand the decision in whole or in part, and, | 5 |
| in that case, to
state the questions requiring further | 6 |
| hearing or proceedings and to give such
other instructions | 7 |
| as may be proper;
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| (7) where a hearing has been held by the agency, to | 9 |
| remand for the
purpose of taking additional evidence when | 10 |
| from the state of the record
of the administrative agency | 11 |
| or otherwise it shall appear that such
action is just. | 12 |
| However, no remandment shall be made on the ground of
newly | 13 |
| discovered evidence unless it appears to the satisfaction | 14 |
| of the
court that such evidence has in fact been discovered | 15 |
| subsequent to the
termination of the proceedings before the | 16 |
| administrative agency and that
it could not by the exercise | 17 |
| of reasonable diligence have been obtained
at such | 18 |
| proceedings; and that such evidence is material to the | 19 |
| issues
and is not cumulative;
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| (8) in case of affirmance or partial affirmance of an | 21 |
| administrative
decision which requires the payment of | 22 |
| money, to enter judgment for the
amount justified by the | 23 |
| record and for costs, which judgment may be enforced
as | 24 |
| other judgments for the recovery of money;
| 25 |
| (9) when the particular statute under authority of | 26 |
| which the
administrative decision was entered requires the |
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| plaintiff to file a
satisfactory bond and provides for the | 2 |
| dismissal of the action for the
plaintiff's failure to | 3 |
| comply with this requirement unless the court is
authorized | 4 |
| by the particular statute to enter, and does enter, an | 5 |
| order
imposing a lien upon the plaintiff's property, to | 6 |
| take such proofs and
to enter such orders as may be | 7 |
| appropriate to carry out the provisions
of the particular | 8 |
| statute. However, the court shall not
approve the bond, nor | 9 |
| enter an order for the lien, in any amount which
is less | 10 |
| than that prescribed by the particular statute under | 11 |
| authority
of which the administrative decision was entered | 12 |
| if the statute
provides what the minimum amount of the bond | 13 |
| or lien shall be or
provides how said minimum amount shall | 14 |
| be determined.
No such bond shall be approved by the court | 15 |
| without notice
to, and an opportunity to be heard thereon | 16 |
| by, the administrative agency
affected. The lien, created | 17 |
| by the entry of a court
order in lieu of a bond, shall not | 18 |
| apply to property exempted from the
lien by the particular | 19 |
| statute under authority of which the
administrative | 20 |
| decision was entered. The lien shall not be effective
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| against real property whose title is registered under the | 22 |
| provisions of
the Registered Titles (Torrens) Act until
the | 23 |
| provisions of Section 85 of that Act are complied with.
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| (b) Technical errors in the proceedings before the | 25 |
| administrative
agency or its failure to observe the technical | 26 |
| rules of evidence shall
not constitute grounds for the reversal |
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| of the administrative decision
unless it appears to the court | 2 |
| that such error or failure
materially affected the rights of | 3 |
| any party and resulted in substantial
injustice to him or her.
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| (c) On motion of either party, the circuit court shall make | 5 |
| findings
of fact or state the propositions of law upon which | 6 |
| its judgment is
based.
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| (d) The changes to this Section made by this amendatory Act | 8 |
| of the 95th General Assembly apply to all actions filed on or | 9 |
| after the effective date of this amendatory Act of the 95th | 10 |
| General Assembly. | 11 |
| (Source: P.A. 88-1; 88-184; 88-670, eff. 12-2-94.)
| 12 |
| (735 ILCS 5/3-113)
| 13 |
| Sec. 3-113. Direct review of administrative orders by the | 14 |
| appellate court.
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| (a) Unless another time is provided specifically by the law | 16 |
| authorizing
the review, an action for direct review of a final | 17 |
| administrative decision of
an administrative agency by the | 18 |
| appellate court shall be commenced by the
filing of a petition | 19 |
| for review in the appellate court within 35 days from the
date | 20 |
| that a copy of the decision sought to be reviewed was served | 21 |
| upon the
party affected by the decision. The method of service | 22 |
| of the decision shall be
as provided in the Act governing the | 23 |
| procedure before the administrative
agency, but if no method is | 24 |
| provided, a decision shall be deemed to have
been served either | 25 |
| when a copy of the decision is personally delivered or
when a |
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LRB095 14369 WGH 48743 a |
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| copy of the decision is deposited in the United States mail, in | 2 |
| a sealed
envelope or package, with postage prepaid, addressed | 3 |
| to the party affected by
the decision at his or her last known | 4 |
| residence or place of business.
| 5 |
| (b) The petition for review shall be filed in the
appellate | 6 |
| court and shall specify the parties seeking review and shall
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| designate the respondent and the order or part thereof to be | 8 |
| reviewed. The
administrative agency and all persons, other than | 9 |
| the petitioner, who were other parties of record to the
| 10 |
| proceedings before the
administrative agency shall be made | 11 |
| named respondents. The method of service of the decision shall | 12 |
| be as provided in the Act governing the procedure before the | 13 |
| administrative agency, but if no method is provided, a decision | 14 |
| shall be deemed to have been served either when a copy of the | 15 |
| decision is personally delivered or when a copy of the decision | 16 |
| is deposited in the United States mail, in a sealed envelope or | 17 |
| package, with postage prepaid, addressed to the party affected | 18 |
| by the decision at his or her last known residence or place of | 19 |
| business. The form of the summons and the issuance of alias | 20 |
| summons shall be according to rules of the Supreme Court.
| 21 |
| If, during the course of a review action, the court | 22 |
| determines that an agency or a party
of record to the | 23 |
| administrative proceedings was not made a defendant as
required | 24 |
| by the preceding paragraph, and only if that party was not | 25 |
| named by
the administrative agency in its final order as a | 26 |
| party of record, then the
court shall grant the plaintiff 35 21 |
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09500SB2111sam001 |
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| days from the date of the determination in
which to name and | 2 |
| serve the unnamed agency or party as a defendant. The court | 3 |
| shall
permit the newly served defendant to participate in the | 4 |
| proceedings to the
extent the interests of justice may require.
| 5 |
| (c) The changes to this Section made by this amendatory Act | 6 |
| of the 95th General Assembly apply to all actions filed on or | 7 |
| after the effective date of this amendatory Act of the 95th | 8 |
| General Assembly. | 9 |
| (Source: P.A. 88-1; 89-438, eff. 12-15-95.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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